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HSE of Ireland v Moorgate

In The Health Service Executive of Ireland v Moorgate[2020] EWCOP 12, Hayden J considered in some detail the operation of the regime under Schedule 3 MCA 2005 for recognition and enforcement, in the context of a placement of a young Irish woman at an English psychiatric facility for treatment of anorexia nervosa. The placement took place under cover of an order of the Irish High Court, put forward for recognition and enforcement by the Court of Protection.

Baker J had previously had to address the complex questions of law to which this gave rise in 2015 (The Health Service Executive of Ireland v PA & Ors [2015] EWCOP 38). This was the first time the current Vice-President of the Court of Protection had had to consider them. His judgment provides an updated route-map for navigating the complexities, and also (as an appendix) an endorsed and detailed comparison of the domestic regimes (MHA and MCA) that would apply were a person placed under a foreign order were, in fact, to be treated under the frameworks that would apply if they were habitually resident in England & Wales.

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The vast majority of both Members of Chambers and staff are now working remotely from home, with a small staff team on site in our London office.

It would greatly assist us if you could either email or use direct dial or mobile numbers rather than telephone us on our main line. Our clerking team’s direct contact details (email, telephone and mobile) can be found hereand staff details here. Members’ direct dials can be found on their personal profiles by downloading their vCard.

We are also asking for all instructions and documents electronically. Where hard copies have to be sent to Chambers, please liaise in advance with the relevant clerk and member to arrange delivery directly to the barrister concerned.

Members can easily attend conferences and hearings using our telephone and video virtual conferencing facilities.

Covid-19

The vast majority of both Members of Chambers and staff are now working remotely from home, with a small staff team on site in our London office.

It would greatly assist us if you could either email or use direct dial or mobile numbers rather than telephone us on our main line. Our clerking team’s direct contact details (email, telephone and mobile) can be found hereand staff details here. Members’ direct dials can be found on their personal profiles by downloading their vCard.

We are also asking for all instructions and documents electronically. Where hard copies have to be sent to Chambers, please liaise in advance with the relevant clerk and member to arrange delivery directly to the barrister concerned.

Members can easily attend conferences and hearings using our telephone and video virtual conferencing facilities.